Employment Law Questions? Ask an Employment Lawyer.
I live in N.M.I am on worker's comp since 2/2012. OK, so you are receiving what? Wage replacement checks each pay period or each month?
I did work until 10/2012 at reduced hours. Why reduced? Was that a medical need ?
My company then let me go. Why did they let you go?
My question is in two parts.I had no problems until may Of 2013?
when my benefit did not arrive as usual.It took two weeks of talk for them to paid. You mean for YOU to be paid, right? What was the reason for the nonpayment/delayed payment?
So when is it time to get a lawyer and what should they be responible for in the long run.What is it you seek from a lawyer that you are not getting right now?
I got hurt at work and receive benefit from Gallagher and Bassett every two weeks.It is what is called temperory full benefits.This company is insured by the company I worked for.I was attacked by a patient and my doctor felt due to the injury I received I could not work my regular hours or position.My back and neck were injuried.Carlsbad Medical Hospital [where I worked] stated that I reached by limit of being on leave of absecent.That is not what I was advised by the person at HR who was handling my worker's comp..In May I should of got a check on the 17th and did not so I called and text for two weeks.Then Regina[my rep]stated she did not know why and sent the ckeck.Regina is also a new rep. for me I had a person named Courney prior and never had any problems.I had heard horror stories so when the payment did not come I through I was going to start having problems.I just wanted to know what I guess they can do to me and what my rights are and if this is something I need a lawyer for.I need to be paid to pay my living expensive.I will never work as a staff R.N. again and I am limited by my physical activities of every day life.I also take several pain medication and have started on antidepressants on and off.
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I forgot to ask about the long term disability you mentioned.I did have it when I was working. Can I apply now or wait until WC is over or did I lose that benefit when I got let go?The most important question is when should I get an attorney?Alexia is there any thing more you can tell me to help with the problem I am having?
I am glad you cked in. I do had more questions.
Frist thank you for your time in the race. I was a cancer nurse for 18 years and I know the people the are effected by this unforgiving disease are very grateful to you.I think WC is about to make me an offer.Do I have to except any offer or can I stay on WC and receive bi weekly ck..If I have to except an offer how do I know what the price should be?How about health coverage for the injury I did receive is that available to me from them.
Hi again Lillian, and thank you for your kind words. Working in the oncology field, you are on the front lines, so I thank YOU for all you have done. Usually, your WC pay will end when you are either improved enough to go back to work or if not, if you have reached maximum medical improvement. If the latter, that is when one typically then seeks a disabilitiy settlement. If you don't accept what the WC carrier offers (if anything), then you must pursue it in court. So, no, you need not accept an offer, but they don't have to keep paying you either, if you are no longer eligible for WC. The only way to know if you are getting a fair offer is to study the WC cases and law in your state, or, even better, hire an expert, a WC attorney.And yes, your medical bills related to the WC injury are to be covered by the WC carrier, so you want to make sure that happens with any settlement. Medicare is also implicated, so you will want to make sure your WC lawyer arranges for the Medicare set off. It is complicated, as you can see. I don't suggest you do it on your own, because short of a LOT of course work learning it all, I can't imagine you wouldn't hurt yourself due to what you don't know, that you don't know you don't know. (Tongue twister, lol).
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